Tennessee Court Records
Table of Contents
Tennessee's court system comprises four levels, each serving a distinct role in the administration of justice. At the lowest level, there are general sessions courts, juvenile courts, and municipal courts, which handle specific types of cases such as small claims, traffic violations, misdemeanor offenses, and juvenile cases. These courts provide quick resolutions to less complex legal issues. For instance, the general sessions court handles small claims matters, the juvenile court handles matters of children under 18 who may be neglected, dependent, and delinquent, and the municipal courts hear cases relating to the violation of city laws. There are over 300 municipal courts in Tennessee.
The next tier consists of the trial courts, which have broader authority and are divided into circuit courts, criminal courts, chancery courts, and probate courts. These courts handle a wide range of cases, including serious civil disputes, criminal offenses, and estate matters.
Above them are the intermediate appellate courts, which include the court of appeals and the court of criminal appeals. These courts review decisions from the trial courts to ensure legal correctness.
At the top of the hierarchy is the Tennessee Supreme Court, the court of last resort. This five-justice panel interprets state and federal laws and has the authority to take over cases from the appellate courts when an expedited decision is required. Together, Tennessee courts process over 1.2 million cases annually, including civil, criminal, domestic relations, juvenile, and traffic cases.
What Are the Types of Court Records In Tennessee?
Records are created in Tennessee courts in most cases when petitions, motions, or cases are filed in the courts. Other records are also generated in the course of proceedings by court staff, defendants, or plaintiffs. The following are the types of records maintained by each court type in Tennessee:
- Tennessee Supreme Court
- Opinions and Rulings: Final written decisions in cases reviewed by the Supreme Court.
- Case Dockets: Records of all filings, motions, and court actions in cases heard by the Supreme Court.
- Disciplinary Records: Proceedings related to attorney and judicial misconduct.
- Administrative Orders: Court policy decisions and rule changes affecting lower courts.
- Petitions for Review: Requests for the Supreme Court to hear cases from the Court of Appeals or Court of Criminal Appeals.
- Tennessee Court of Appeals
- Appellate Case Dockets: Listings of appeals filed and actions taken in civil cases.
- Court Opinions: Written rulings interpreting state law in non-criminal matters.
- Motions and Briefs: Legal arguments filed by parties involved in appellate cases.
- Oral Argument Transcripts: Official records of spoken arguments presented before the appellate judges.
- Tennessee Court of Criminal Appeals
- Criminal Appeal Case Dockets: Records of felony and misdemeanor appeals.
- Court Opinions: Written legal decisions on criminal appeals.
- Post-Conviction Appeals: Cases where defendants challenge their convictions or sentences.
- Oral Argument Transcripts: Records of hearings held for criminal appeals.
- Tennessee Circuit and Criminal Courts
- Felony and Misdemeanor Case Records: Indictments, plea agreements, sentencing orders, and trial proceedings.
- Civil Case Records: Lawsuits, contract disputes, and judgments.
- Family Law Records: Divorce decrees, child custody rulings, and support orders.
- Personal Injury and Property Dispute Records: Cases involving negligence, damages, and real estate conflicts.
- Tennessee Chancery Courts
- Equity Case Records: Cases where decisions are based on fairness, including contract disputes and business litigation.
- Injunctions and Court Orders: Rulings on restraining orders, non-compete clauses, and legal remedies.
- Trust and Estate Disputes: Probate litigation and financial trustee disputes.
- Tennessee Probate Courts
- Wills and Estate Records: Probate of wills and administration of estates.
- Guardianship and Conservatorship Records: Legal arrangements for minors and incapacitated adults.
- Name Change and Adoption Records: Legal records of name changes and finalized adoptions.
- Tennessee General Sessions Courts
- Misdemeanor Case Records: Petty theft, simple assault, and minor drug offenses.
- Civil Case Records: Lawsuits involving amounts up to $25,000.
- Small Claims Court Records: Disputes over amounts under $25,000.
- Traffic Violation Records: Speeding tickets, reckless driving citations, and DUI offenses.
- Eviction Records: Landlord-tenant disputes and rental non-payment cases.
- Orders of Protection: Restraining orders in domestic violence cases.
- Tennessee Juvenile Courts
- Delinquency Case Records: Cases involving minors accused of crimes.
- Dependency and Neglect Cases: Court proceedings regarding child welfare.
- Juvenile Protective Orders: Restraining orders involving minors.
- Adoption and Parental Rights Termination Records: Cases involving foster care and custody transfers.
- Tennessee Municipal Courts
- Traffic Case Records: Parking violations, speeding, and other minor infractions.
- Misdemeanor Case Records: Shoplifting, disorderly conduct, and minor public disturbances.
- City Ordinance Violations: Infractions like noise violations and curfew violations.
Are Tennessee Court Records Public?
Court records are generally considered public under the Tennessee Public Records Act (TPRA). Unless otherwise provided by law, the TPRA asserts that all state, county, and municipal records must be open for personal inspection by any citizen of Tennessee. However, certain records are exempt from public disclosure to protect sensitive information. Such records include:
- Juvenile records
- Adoption records
- Mental health evaluations
- Certain law enforcement records, such as investigative records that may compromise ongoing investigations or reveal the identity of confidential informants
- Personal identifying information such as financial account numbers, Social Security numbers, and personal addresses
Tennessee courts may also seal or expunge certain court records, making them inaccessible to the public. Common reasons for expunging court records in the state include:
- Protecting personal privacy such as sensitive information relating to minors or victims of sexual assault
- Ensuring fair trials
- Protecting confidential information
- Protecting information that may threaten national security
How Do I Search Tennessee Court Records?
Tennessee court records are available to the public online and offline. To find these court records online, you may use the following methods:
- Public Case History (PCH): This tool allows the public to look up case statutes in the court of criminal appeals, court of appeals, and the Supreme Court via the C-Track. The C-Track is the case management system of the appellate court clerk's office. Note that only appeals in which the record was filed before September 1, 2006, are in the PCH database. Users may complete a search using the case number of the appeal, the case style, the first or last name of a party to an appeal, or an organization.
- Tennessee Public Court Records System: This resource provides links to many of the courts' websites in Tennessee counties. You will need to provide a party name or case number and case year to complete a search.
- Local court websites: Some courts do not have their website information available on the Tennessee Public Court Records System. You may find their websites and perform a case information search using the case search tools on the websites.
How To Retrieve Court Records Offline
If you need a certified copy of a Tennessee court record, you must visit the Clerk of the Court's office where the case was filed. Court clerks maintain official records and provide copies upon request. After submitting a copy request to the office of the clerk, you will be required to pay the relevant photocopying or certification fees. Note that to help the court find the information you need, you should provide the full names of the parties involved, the case number, the type of case, and the date of filing or final judgment.
Copy fees vary by county but are usually between $0.50 and $1 per page, while certification fee varies between $5 and $10 per document. Standard requests are typically processed on the same day of request, while extensive record searches take up to two weeks.
The Tennessee State Library and Archives (TSLA) has copies of the court minutes for the county, chancery, and circuit courts in the state. For a fee, the TSLA will search a five-year date span in the indexed minutes and, if the requested record is found, may send a copy to the requester via mail. Copies may also be certified for an additional $5 per document.
Can I Seal or Expunge a Tennessee Court Record?
Tennessee does not offer sealing for adult records, only expungement. The state defines expungement as a court-ordered process in which charges are removed from a criminal record. Hence, in the eyes of the law, it appears that the legal criminal case records are erased. Expungement provisions in Tennessee are codified under Section 40-32-101 of the state code.
Section 40-32-101 of the TCA covers general expungement statutes in the following ways:
- Individuals may have their records expunged if they are not convicted of any crime.
- Expungement is also possible for charged offenses if the individual was not convicted of the charged offense, even if convicted of another offense, as long as the only conviction is a traffic offense.
- Subsection (j) of TCA Section 40-32-101 allows for the expungement of records from electronic databases related to arrest, charges, indictment, or disposition for any charges that are not the offense for which the person was convicted.
- Subsection (g) permits expungement of certain less serious convictions if statutory fees are paid.
However, there are certain exclusion provisions in the Tennessee expungement statute. Expunged records are not allowed to include arrest histories, investigative documents, intelligence data of law enforcement agencies, or files of district attorneys general maintained as confidential records.
Note that other state law applies for expunging records under judicial diversion. provisions This provision is available under Section 40-35-313 of the Tennessee Code Annotated. Individuals with dismissed charges via judicial diversion may apply to expunge all official records related to the charges except certain non-public records kept to determine future diversion eligibility. In such an instance, the expungement petition must show that all court costs have been paid in full before the entry of an expungement order. However, if the court finds the charges were dismissed and the proceedings discharged, it will enter an order restoring the person to their pre-arrest status.
Other Statutes covering expungement in Tennessee include the following:
- Expunction is authorized for cases dismissed by pre-trial diversion under a memorandum of understanding (T.C.A. § 40-15-105).
- Expunction is also possible if the governor declares the defendant exonerated (T.C.A. § 40-27-109).
You may file for an expungement in Tennessee in the following ways:
- Obtain Your Criminal Records: Get copies of your criminal records from the court where your case was handled. This includes all documents related to the charges, convictions, and sentencing.
- Determine Eligibility: Review your records in line with state law to confirm eligibility. You may need to consult with an expungement attorney to determine if you are eligible.
- Complete the Petition for Expungement: Fill out the necessary forms, including a Petition for Expungement and an Order of Expungement. You may obtain the relevant forms from the clerk of the court.
- Pay the Filing Fee: Pay the required fee for processing expungement petitions. Fees may vary, and in some cases, they may be waived or reduced based on financial hardship. Petitions to expunge records for dismissals, including no true bill, nolle prosequi, and acquittals like not-guilty verdicts, are free. However, if you are petitioning to expunge a conviction, there is a fee of $100.
- File the Petition with the Court: Submit your completed forms and payment to the court where your case was concluded. Keep copies of all documents for your records.
- Notify Relevant Parties: Serve copies of the petition to the district attorney or other parties involved in your case, if required.
- Wait for Court Approval: The court will review your petition, which may take several weeks or months. If approved, the judge will sign the expungement order. You may need to attend a hearing.
- Record Removal: If the court signs the order, the court will direct concerned agencies to remove the records from public access, including law enforcement agencies, court databases, and public record repositories.
How To Search Federal Court Records in Tennessee
You may obtain court records related to the case types handled by the federal courts in Tennessee. The three federal courts in the state handle matters pertaining to admiralty cases, bankruptcy cases, cases involving United States treaties, and cases involving violations of federal laws.
To obtain Tennessee federal court records, use the PACER or visit the courthouses to submit an in-person request. To use PACER, you must first create an account, after which you may perform a search using the party name, case number, or court location. The PACER system charges $0.10 per page, but documents are capped at $3 per document. If you prefer offline requests at the office of the clerk in any of the courthouses, you will be required to provide relevant details such as case number, approximate filing date, and party names to help the office find the record you need.
How To Get Tennessee Court Records Online for Free?
You may obtain a Tennessee court record online for free using the Tennessee Public Court Records System or via third-party databases online. Peoplerecords.us is one of such reliable repositories providing free online access to Tennessee court records.